Feb Term 1796

 

[OCPQS 5/63 - Feb 1796]

At a County Court of Pleas and Quarter Sessions begun & held for the County of Orange at the Court house in Hillsbo on the 4th Monday of February, being the 22nd of sd Month & in the year of our Lord 1796. Present: James Carson, Jno Thompson, Walter Alves, Jno Hogg} Esqrs.

The Sheriff of Orange returns the Venire facias Executed, to Wt: Eli Lindsey, James Care Jr, James Allison, Jno McCanlis, James Andrew, Rob’t Milliken, Jno O’Dannel, Henry O’Dannel, Wm McKee, James Thompson son of Thos, Rob’t Morrison, Rob’t McCulloch, Joseph Tate, James Roney, Rob’t Faucet, Jno Walker Stiller, Jno Justice, John Holmes, Alexander Russel, James Johnston, Mathew Woods, Geo Tate, Wm Strayhorn, Joseph Haisting, James Rogers, Jeremiah Holt, Geo Foust, Wm Blackwood, Joseph Kirkland, Geo Long, Obediah Green, Edmond Green, Andrew McClary.

[OCPQS 5/64 - Feb 1796]

The Grand Jury impanneld & Sworn, to Wt: Joseph Haisting, Henry O’Dannel, Jno McCanlis, James Johnston, James Andrews, Mathew Woods, Wm Blackwood, Joseph Kirkland, John Walker, James Thompson, Geo Long, James Allison, Geo Tate, Geo Foust, Rob’t Faucit.

Thomas Whithead Sworn as Constable to attend the Grand Jury this Term.

6. John Boothe vs Samuel Dannel} Coven’ts. Jury Sworn & charged, to Wt: Jno Justice, Jeremiah Holt, Eli Lindsey, James Carr, Wm McKee, Rob’t McCulloch, Joseph Tate, James Roney, James Rogers, Alexander Russel, Jno O’Dannel, Wm Strayhorn – find the Deed to be the act and Deed of Def’t, that the Contend [covenants?] were not performed & assess the Plaintiffs Damages to £95 & Costs of suit.

[OCPQS 5/65 - Feb 1796]

Ordered that Hardress Hawkins Esqr, John Long & Jno Wheeler be and they are hereby appointed to receive and audit the acco’s of Dav’d Patterson Guardian of Margaret Porter and make report thereon to this Court at next Term. [See also guardianship OCPQS 4/322.]

On motion of Jno Williams Esq Atto for Mrs Hannah Ray, it is ordered that Jonathan Lindley & Jno Thompson Esqrs be appointed to settle and examine the accos & vouchers of the sd Hannah as Exr of Rob’t Ray dec’d and report the same to our next Court.

Ezekail Brewer is appointed overseer of the road from Cain Creek at Hopson to ashy road with the follow

Ordered that the Collector forbear the Collection of the Tax of [blank] McCracken for one poll, It appearing to the Court that the sd [blank] McCracken is overcharged in the list of Taxables for one poll.

John Elliss and Benjamin Rainey enter themselves Special Bail for John Williams the Def’t in the case John Ray vs John Williams Ejectment. /John Elliss/ /Benja Rainey/

[OCPQS 5/66 - Feb 1796]

8. John Hogan vs Andrew Gibson} Case. Jury Sworn to Wt & Charged: Andrew McClary, James Clarke, James Miller, Joshua Holt, Dav’d Patterson, Peter Hart, Caleb Harvey, Thomas Horne, Rob’t Faucit, Dav’d White, Joseph Allison, James Hutchinson – find for the plaintiff and assess his Damage £90.1.0 & Costs of Suit. Motion for Appeal.

[OCPQS 5/67 - Feb 1796]

Ordered that Sterling Harris & William Lytle Esqrs ???? receive the accounts of John Miller Administrator of Jacob Miller deceased & settle the same & report thereon to this Court at this present Term.

The Court adjourns til tomorrow nine o’Clock.

Tuesday morning 23d February 96, The Court met according to adjournment. Present: Wm Ray, Jno Thompson, Jno Hogg} Esqrs.

11. Nancy Campbell vs Derby Conner et Ux} T A B. Jury charged, to Wt: Jno Justice, Jeremiah Holt, Eli Lindsey, Wm McKee, Rob’t McCulloch, Joseph Tate, James Roney, Alexander Russel, Jno O’Dannel, Wm Strayhorn, And[rew] McClary, Obediah Green. Plea that the Plaintiff is married to Geo Pratt since the last continuance. Jury find that the Plaintiff was married since the last Continuance.

[OCPQS 5/68 - Feb 1796]

12. Polly Campbell by Wm Campbell his next friend vs Derby Conner et Ux} T A B. Same Jury charged as in No 11, find the Defend’t Guilty, that there is no Justification and assess the Plaintiffs Damages to 6d & Costs.

Ordered that Wm Ray and Andrew Murdock Esqrs be and they are hereby appointed to receive and settle the acco’s and vouchers of Richard Christmas Exr of Wm Shannon dec’d and report thereon to this Court at our next Term.

Ordered that Wm McCauley & Benjamin Lacy Esqrs be and they are hereby appointed to receive, adjust and settle the acco’s of Sackfield Brewer Ex’r of Richard Cates dec’d who was Guardian to the Orphans of Richard Edwards, and report thereon to this Court at next Term. [See also litigation OCPQS 4/532, guardianship OCPQS 4/452, removal from guardianship OCPQS 4/476 & OCPQS 4/485.]

13. Dav’d White vs Wm Galbreath} Case. Jury charg’d &c: James Rogers, James Carr, Edm’d Green, And[rew] Collins, Thomas Baker, Wm Andrews, Dav’d Allison, Wm Jackson, Thomas Lynch, James Kirk, Samuel Chambers, Jno Cate – find the Defend’t did assume and assess Plaintiffs Damages to £44.12.0 [&] Costs.

[OCPQS 5/69 - Feb 1796]

16. The trustees of the University &c vs Nath’l Christmas & Arch’d Campbell} Debt. Same Jury as in No 13 charg’d, find that there is no payment or set off.

18. The trustees &c vs Jno Taylor esqr} Debt. Same Jury as in No 18 charg’d, find find [sic] the Defend’t did assume, that there is no set off, accord or Satisfaction, and that the Stat of Lim does no run and assess the plaintiffs Damages to £45 & Costs.

22. Wm McCauley Esqr vs Jno `et} T A B. Same Jury as in No 13 charg’d, find for the Plaintiff and assess the Plaintiffs Damages to 40 & Costs.

The trustees &c vs Charles Collier & Rob’t Campbell} Debt. Same Jury as in No 11 charg’d, find no payment or set off.

[OCPQS 5/70 - Feb 1796]

Ordered that an orphan boy call’d and known by the name of Charles Wheeler of the age of nine years be bound to John Knight until he arrive to the age of 21 years to learn the art and mistery of a Blacksmith. [Bond not found.]

Jno Justice is fined 20 for a Contempt which he has shewn the Court, ordered that he be taken into Custody by the Sheriff and detain’d by him until the fine be paid. Ordered that the fine be remited 2/ ????

26. Wm Nunn Esqr vs James Guthrie} Covenant. Same Jury as in No 11 except Jno Kelley in the room of Jno Justice, charg’d &c, find for the Plaintiff & assess his Damages to £40 £23.12.0 & Costs.

27. Wm H Hill Esq vs Geo Ailsworth} Case. Same Jury as in No 13 charg’d, find Def’t did assumer, that thare [is] no Paym’t, accord or Satisfaction and assess the Plaintiffs damages to £25.13.10 & Costs.

[OCPQS 5/71 - Feb 1796]

29. Alexander D Moore vs James Baker} Case. Jury Sworn, to Wt: James Rogers, James Carr, Edm’d Green, Andrew Collins, Thomas Baker, Wm Andrews, Dav’d Allison, Wm Jackson, Thomas Lynch, James Kirk, Samuel Chambers, Jno Cate – find the Defend’t did assume, that the State agt gaming does not bar, that thare is no payment or set off and assess the plaint’fs Damages to £53.11.3 & Costs.

Kenneday vs Nichols} Jury sworn, to Wt: James Rogers, Jas Carr, Edmond Green, Andrew Collins, Thomas Baker, Wm Andrews, David Allison, Wm Jackson, Tho Lynch, Jas Kirk, Sam’l Chambers, Jno Cate. Jury impaneled assess the plaintiffs damages to £56.19.0.

[OCPQS 5/72 - Feb 1796]

32. Dav’d Patterson vs John Trousdale} Debt. Same Jury as in No 30 charg’d, find the Conditions not perform’d and asse the Plaintiffs Damage to £250 & Costs.

Licence is granted to Wm Nunn Esqr to keep a Tavern at his dwelling house at the University & entered into Bond with Samuel Benton in the sum of £100.

On motion of Jno Williams Esqr Atto for Mary Jackson, Ordered that Levi Whithead pay to sd Mary five pounds to As?????? To come not from the sale ????? ???? ???? ???? ??? and also that he the sd Levi pay to the sd Mary Jackson the sum of Twenty five pounds for the Support and maintenance of a child Born of the sd Mary of which the sd Levi is the reputed father, It being the usual allowance in such cases, that is to say at the rate of £5 a year for 5 years from the birth of the sd child, and two pounds for expences attending the sd Birth and also that the sd Levi be allowed for what he hath already paid out of the sd sum of Twenty seven pounds all sums of Money & the value of articles which he the sd Levi hath furnished to the sd Mary since the birth of her sd Child. [See Bastardy Bonds, image 597, also OCPQS 5/459.]

[OCPQS 5/73 - Feb 1796]

33. James Christmas vs John O’Dannel} Case. Same Jury as in No 30 charg’d, find for Plaintiff and assess the plain damages to 1d & Costs.

The Court adjourns til tomorrow nine o’Clock.

Wednesday morning 24th Feb 96, The Court met according to adjournment.

35. Dav’d Raney vs James Crutchfield in right of his wife} appeal. Jury Impanneld & charg’d, to Wt: Jno Justice, Jeremiah Holt, Eli Lindsey, James Carr, Wm McKee, Rob’t McCulloch, Joseph Tate, James Raney, James Rogers, Alexander Russel, Jno O’Dannel, Wm Strayhorn - call’d & non pro Suit.

[OCPQS 5/74 - Feb 1796]

Ordered that Sally Grimes the infant daughter of Nancy Grimes be bound to Joseph Haisting Jr until she attain the age of Eighteen years to learn the art & mistery of [a spinstress]. [See Apprentice Bonds, image 281.]

Ordered that the rule entered into at May Term 1795 in regard to notice to be given as to the Execution of Commission to take Testimony be amended so that in future it shall not be necessary to give more than 30 days notice notwithstanding the distance may exceed 400 miles or the evidence to be advised under such Commission may reside out of the State.

Ordered that Wm Raney and Hardress Hawkins Esqrs be and they are hereby appointed to receive, audit and settle the acco’s of Geo Fogleman Dec’d Exr of Peter Poor dec’d and report thereon thereon to this Court at next Co Term.

On motion Whereas it is represented to this Court by Henry Turel [or Ferrel?] that Hugh McCadams of Orange County deposited with him some time ago a Witness Certificate in the Suit of [blank] agt [blank] which was issued to him sd Hugh as a witness in the sd Suit, to the amt of £[blank] and that he the sd Henry hath lost or mislaid the sd Certificate, Ordered that a notice issue to Andrew Burk to appear at next Court and Shew cause wherefore an other shall not issue.

[OCPQS 5/75 - Feb 1796]

On Motion of Benjamin Yeargan by Wm Norwood his Attorney that a Guardian be appointed for Solomon Parks Morgan an infant under the age of fourteen years, Ordered that Elizabeth Morgan mother of the sd Soloman have notice to appear on friday of this Term (if she think propper) and shew cause if any she can, wherefore the sd Benjamin or some other person may not be appointed Guardian of the sd Soloman. And it is also ordered that the sd Elizabeth bring here into Court on the day aforesaid, John Morgan an other of her sons, above fourteen and under 21 years of age, that he may choose his Guardian and that this rule be serv’d on the sd Elizabeth Morgan.

Ordered that James Farquihar Exr of Cath Lockard Dec’d appear at our next Court and shew cause if any he can, wherefore a Judgment which was entered up at the last Term on a Sci fa in the name of the sd Exrs against John Miller Administrator of Jacob Miller Dec’d shall not be set aside.

The Court adjourns til tomorrow morning 10 o’Clock.

[OCPQS 5/76 - Feb 1796]

James Roney, And[rew] McClary, Jeremiah Holt, Rob’t Fausit & Alex Russel original Jurors are excused from their further attendance at this Term.

Thursday morning 25th February 1795, Court met according to adjournment. Present: Sterling Harris, Jno Thompson, Walter Alves, Jno Hogg} Esqrs.

Ordered that Wm Crabtree Sr be released from the Tax on one poll with which he stands charged on the Collectors list, he the sd Wm being so overcharg’d.

State vs Benjamin Peelor} Ind’t Assault, Sam Smith pro. Jury sworn, to Wt: Jno Justice, Eli Lindsey, James Carr, Wm McKee, Rob’t McCulloch, James Rogers, Edmond Green, Rob’t Steward, Obediah Green, Stephen Hart, Joseph Tate, Wm Strayhorn – find Defend’t not Guilty.

[OCPQS 5/77 - Feb 1796]

Sterling Harris & Wm Lytle Esqrs returns into Court the settlement of John Miller admr of the Estate of Jacob Miller Dec’d which the sd Sterling & Wm were appointed to make with the sd John as Admr of the Estate of sd Jacob, which report is not excepted of by the Court as Proper.

State vs Wm Neves} Ind’t Ass’t, Sam’l Smith pros. Same Jury as in No 9 Sworn & charg’d, find the Defend’t not Guilty.

The Court adjourns til tomorrow 10 o’Clock.

Treasr public building, Election of Shff, pending in may Court.

[OCPQS 5/78 - Feb 1796]

Friday 10 o’Clock 26th Feb 1796, The Court met according to adjournment. Present: Sterling Harris, Walter Alves, Hardy Hurdle, Shad Forrister, Jno Sloss, Jno Hogg} Esqrs

On motion of L L Wall, ordered that he have Licence to retail Spiritous Liquors at the house where he now dwells near the town of Hillsbo and the sd Wall offers Col Wm Shepperd his Sec’y who is approved of by the Court.

Ordered that Notice issue to Stephen Gappins that he appear at next Court and shew cause if any he can wherefore a Lot of Land at the University No 7 which is levied on by an Execution at the instance of James Patterson for £7.14.0 shall not be sold Ex filed, see the appearance d[ocket?]

Ordered that

Reuben Smith is appointed Constable for Caswell District & offers Jno Thompson & Benj’n Lacey securities who are approv’d of by the Court. Sworn.

Joseph Allison is appointed Constable for Orange District & offers David Ray & Wm Hobs securities who are app’d of by the Court. Sworn.

[OCPQS 5/79 - Feb 1796]

Whereas it is suggested to this Court that Jno Morgan Jr & Solomon Parks Morgan are infants under the age of 21 yrs seized and an [sic] possess’d of property real and personal in their own right, It is further Suggested and appears by the words of this Court that Jno Morgan Sr their father and natural Guardian is a Lunatic and has a Guardian appointed for him by the Court, It is therefore Ordered that in consideration of the premises a Guardian or Guardians be appointed to take care of the property real and personal of the sd infants, and the sd John Morgan being of 14 years of age and having chosen John G Rencher for his Guardian, the Court appoints him the sd Jno G Rencher Guardian for the sd John Morgan Jr and also for the sd Soloman P Morgan, he the sd John G Rencher entering into two distinct Bonds for each Guardianship with Wm Shepperd, James Baldridge & Benjamin Granger in the sum of Ten thousand pounds each Bond.

Ordered that the following hands work under Christopher Barbee on the road of which he is overseer: Hardy Morgan, Jacob Flowers, Christopher Barbee, Jno Scott, Widow Sears, Jno Sears & Albert Sears & other hands also Dan’l Booth & Jno Moore.

Joseph Armstrong is appointed Constable for Hillsborough District & offers Jno Armstrong & Stephen Hart securities Sworn.

??? Hill appointed Constable for the town & offers Eli Hill & Sterling Harris securities Sworn.

Joseph Dixon appointed Constable for St Marks & offers Jno Casey & James Coglin securities Sworn.

[OCPQS 5/80 - Feb 1796]

Joseph Briton is appointed Constable for St Mar?? District & offers Walter Alves & Thos McCrakin & Sworn.

Wm Andrew is appointed Constable for St Thomas District & offers Wm McCauley & Ben Lacey securities, Sworn.

Thos Whitehead is appointed Constable for St Asaphs District & offers John Thompson & Jonathan Jones and Sworn.

Martin Hurdle is appointed Constable for Chatham District & offers Jno Sloss & Hardy Hurdle securities & Sworn.

[upside down below this]

Sam’l Benton

?ain for Mr John G Rencher

North Carolina

Orange County

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